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  • 12. April 2021

    Security Agreement Over Shares

    Perfecting security interests means different things for lawyers in different legal systems. Security agreements often contain agreements that include provisions for fund development, a repayment plan or insurance requirements. The borrower may also authorize the lender to keep the loan guarantees until repayment. Security agreements may also cover intangible assets such as patents or claims. While most security interests are created by an agreement between the parties, it is also possible that the application of the law may create an interest in security. [4] For example, in many legal systems, a mechanic who repairs a car has a right to pledge over the car for the cost of repairs. This right to pledge is granted in the event of no agreement between the parties. The following debate on the types of security interests focuses on English law. English security law has been respected in most common law countries, and most common law countries have similar property laws[12] that govern the rules of common law. Laws relating to the adoption and enforcement of security vary from country to country and depend on common or civil law.

    [34] The law stipulates that the power of security personnel to sell or otherwise negotiate with respect to secured actions is not affected: so far, only Honduras has been able to fully implement and implement the OAS model law in accordance with the spirit of UCC Article 9 in the sense of unifying security interests and their visibility in a public register. At the launch of the Pathways to Prosperity in the Americas initiative in San Jose, Costa Rica, on March 4, 2010, and then in the United States. U.S. Secretary of State Hillary Clinton stressed that „the United States is committed to working with our Pathways partners to modernize credit laws so that small and medium-sized businesses can use non-real estate assets as collateral for loans,“ and generously commended Honduras for its aggressive reform efforts. [45] Shares are generally offered as collateral for a loan. The law allows the security taker to assert his or her security interest if: a secure debt security title may contain a security agreement under its terms. When a security agreement lists a commercial property as collateral, the lender can file a UCC-1 return that will serve as a guarantee for the property. In the absence of perfection, it may be difficult for the holder of the interest in securities to assert his rights on collateral to third parties, including a liquidator and other creditors who claim a presumption of value on the same guarantees. A security agreement reduces the lender`s risk of default.


    Verfasst von Stefan Oberhauser

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